On Point blog, page 6 of 10
Double Jeopardy – Sentence: Modification – Four Months After Sentencing, As Violating Expectation of Finality
State v. Guy R. Willett, 2000 WI App 212, 238 Wis.2d 621, 618 N.W.2d 881
For Willett: Susan E. Alesia, SPD, Madison Appellate
Issue: Whether the trial court had authority to change its sentences from concurrent to consecutive to a separately imposed sentence, four months later, after concluding that its sentencing was based on an erroneous understanding of the law.
Holding: Although the trial court clearly wanted its sentences to run consecutive to a separately imposed sentence,
Double Jeopardy – Sentence: Amending Sentence to Correct Mistaken Oral Pronouncement
State v. Frank James Burt, 2000 WI App 126, 237 Wis. 2d 610, 614 N.W.2d 42
For Burt: Michael P. Jakus
Issue: Whether the trial court violated double jeopardy by amending sentence the same day of imposition, before judgment of conviction had been entered, after realizing it had mistakenly said “concurrent” instead of “consecutive.”
Holding: “The double jeopardy clauses did not attach a degree of finality to Burt’s original sentence that prevented the trial court from correcting its error later in the same day,”
Enhancer — § 941.29(2m), 2nd-Offense Felon in Possession, Supports Repeater
State v. Calvin E. Gibson, 2000 WI App 207, 238 Wis.2d 547, 618 N.W.2d 248
For Gibson: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding:
¶1. The question presented is whether the habitual criminality enhancer may be applied to a conviction for a second offense felony of firearm possession. Calvin E. Gibson, who was convicted of being a felon in possession of a firearm, second offense,
Enhancer — § 939.63, Dangerous Weapon Enhancer — Nexus to Predicate Offense
State v. John W. Page, 2000 WI App 267, 240 Wis.2d 276, 622 N.W.2d 285
For Page: William E. Schmaal, SPD, Madison Appellate
Issue: Whether possession of dangerous weapon enhancer, § 939.63, requires actual use or threat to use the weapon while committing the enhanced offense.
Holding:
Under the correct reading of [State v.] Peete [,185 Wis.
Enhancers – Jail as Condition of Probation Tolling Time Limit for Repeater
State v. Todd E. Crider, 2000 WI App 84, 234 Wis. 2d 195, 610 N.W.2d 198
For Crider: Suzanne L. Hagopian, SPD, Madison Appellate
Issue: Whether jail time spent as a condition of probation qualifies as “actual confinement serving a criminal sentence,” so as to extend the § 939.62(2) 5-year period within which a prior conviction must fall to support a repeater enhancement.
Holding: Though time served as a condition of probation is generally not a “sentence,”
Reasonable Suspicion Issues – Frisk – Minor Traffic Violation – Passenger
State v. Jeff S. Mohr, 2000 WI App 111, 235 Wis.2d 220, 613 N.W.2d 186
For Mohr: Eileen A. Hirsch, SPD, Madison Appellate
Issue: Whether the frisk of a passenger, some 25 minutes after a routine traffic stop, was supported by reasonable belief that the person was armed.
Holding: The frisk was unlawful; because it “occurred approximately twenty-five minutes after the initial traffic stop, the most natural conclusion is that the frisk was a general precautionary measure,
Consecutive Sentences – Sentence Consecutive to Future Revocation
State v. James E. Cole, 2000 WI App 52, 233 Wis. 2d 577, 608 N.W.2d 432
Issue: Whether a sentence can be ordered to run “consecutive to revocation” when the defendant’s parole has not yet been revoked.
Holding: A court has authority, under Wis. Stat. § 973.15(2)(a), to make the current sentence consecutive to a revocation of parole, even though the revocation has not yet occurred.
Consecutive Sentences — Authority to Stay Sentence Until Release or Discharge on Ch. 980 Commitment
State v. David Carneal White, 2000 WI App 147, 237 Wis.2d 699, 615 N.W.2d 667
For White: Jeffrey A. Kingsley
Issue: Whether a court has authority to stay a sentence until the defendant is released or discharged from an otherwise unrelated Ch. 980 commitment.
Holding: The purposes of § 971.17 NGI and Ch. 980 SVP commitments being similar (¶¶8-9), the reasoning of State v.
Warrants – Arrest Warrant as Authority to Enter of Third-Party Residence
State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512
For Blanco: Michael P. Jakus
Issue: Whether an arrest warrant provided authority for the police to enter the residence of a third party and arrest the person named in the warrant.
Holding:
¶10 An arrest warrant authorizes the police to “enter the suspect’s residence to execute the warrant if there is reason to believe he will be found there;
Warrants – No-Knock Authorization – Sufficiency of Showing of Danger
State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26
For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate
Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger.
Holding: The showing wasn’t sufficient to abrogate announcement: though the warrant noted the occupants’